Please can someone give me some ESA advice....not sure what we can do!!!!!!

[thebaglady]

Hello

 

Please can someone give me some advice on what if anything we can do next.....

 

My daughter's ESA has been stopped 2 months ago, reason they said she failed to attend her medical.

- She never recieved an appointment to go for a medical. We have been asking for a home visit, as she has not attended in the past, as she cant leave the house when the time comes, but we have always rung up and explained the situation.

 

ESA sent a letter asking why she had not attended - wrote back that she had never recieved the appointment, and filled in the form explaining.

 

ESA then rang asking why not attended - daughter explained again about not knowing - woman said she would get another appointment through.

 

Then she gets a letter from ESA stating she is fit for work and her benefit has stopped.

 

I sent off a letter of appeal, and asked that a decision maker look again at the decision and re-consider.

- Waited 4 weeks and she was told on Monday when she rang to enquire, that the decision maker refused to reinstate her benefits.

 

She suffers from anxiety, depression and panic attacks, she is 24, and before becoming ill had worked full time since leaving school. Another of her problems is that she feels she is going to need the toilet if she goes out and that causes her to panic and she gets diahorrea. She has gone from a young person enjoying life to the full, holidays, driving own car, socialising etc, to a withdrawn recluse. Her Dad and i are just devastated seeing her living like this. She does have a supportive GP, and is on medication, he gave her a 3 month sick note when he last saw her which expires in January.

 

They told her to claim JSA, but she is not fit for work at all, she had to come off JSA as she couldnt attend to sign on. So she is left with no money, and they just dont seem to care, luckily she lives at home and we will help her all we can - but we cant afford to support her financially indefinately, what if she was on her own with no support, its not right for vulnerable people to be treated like this, and she was told it may take another 6 months for the appeal to be heard.

 

Please does anyone have any advice on what we can do.

[RichRoast]

My sleep pattern is currently under investigation. I sleep 8 hours a night but fall asleep in the day unless i'm active (mentally or physically). As i'm a bus driver my employment was terminated.

My partner has been supportive but sometimes goodwill messes it up further. She left me asleep until 11am this morning. It's 3 am now and i'm still wide awake.

Edited December 23, 2010 by ErikaPNP
removing inflammatory comments. Please post within the forum rules, thank you.

[honeybee13]

Hello, I hope we can help you and your daughter.

 

I don't remember what was said last time when someone didn't receive their appointment letter, but if you have a look around the forum you should find one or two from fairly recently. Your daughter needs to be seen by Atos before she's properly in the system, but I'm sure Erika or one or two of the others on the forum can tell you how to proceed next. I don't know if reapplying might work, but someone will tell you.

 

Please bear with us until the right people see this. Erika is often around in the evenings.

 

My best, HB

[honeybee13]

Hello again. This is an older thread about missed ESA medicals, hope it gives you some ideas.

 

HB x

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?274983-Missed-ESA-medicals&highlight=didn%27t+attend+Atos+medical

[ErikaPNP]

Hello.

 

Unfortunately, I don't have much advise for you. A reinstatement of ESA can only occur pending an appeal determination where the person is appealing against points awarded (or lack thereof) following a medical. For appeals on any other grounds, no funds are paid pending the outcome.

 

If she has care or mobility needs arising from her condition, she could submit a claim for Disability Living Allowance.

[thebaglady]

Thank you for the replys...so it looks like there is nothing we can do.

 

When will she be able to make another claim for ESA, her condition has not worsened, so i dont think she can put a new claim in now?

 

I dont think she will meet the criteria for DLA, care or mobility.

[gismo46]

Cannot advise you sadly, just giving some support. My last medical, the letter telling me the date/time etc came the day after the medical. It was just by chance I phoned them the day before. It is sick that the likes of your daughter gets punished for their mistakes.

[Roblynmouth]

Unless you appeal very little will be done.

Chances are at the appeal you will win anyway

Contact your local CAB for some legal assitance/advise.